RIVIERA HOMEOWNERS

 

 

POLICIES MANUAL

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Revised 2007

 

 

 

 

 

 

 

 

 

TABLE OF CONTENTS

 

 

 

                                                                                                                                   

Page

 

 

Introduction

 (i)           

Architectural Changes

 1

Unit Exterior and Landscape Maintenance

 2

Skylight Replacement

 2

Dog Control  

 3

Homeowner’s Insurance Requirements and Advisory

 4

Parking Cars/Vehicles

 5

Pool Utilization

 5

Sale & Leasing of Homes

 6

Pruning, Trimming or Topping Trees located on Common Property

 7

Waste Management

 8

Management Program for Common Area Woods  

 9

RHOA Reserve Funds

10

Reference Table

11

Addendum I

12

Addendum II

13

Addendum III  

14

 

 

Click on title to go to the content.

 

 

 

(i)

 

 

Introduction

 

 

             In August of 1998, RHOA members officially revised and adopted a Procedures Manual for the then present, as well as future board members’ use.

 

In contrast, this Policy Manual is intended and designed for the use and guidance of homeowners and Board Members alike.  Its purpose is to ensure that all Association members are fully informed as to his/her rights and responsibilities.

 

You may ask:  Why do we need policies?  Because they are constraining!  Long-time residents know this, but newcomers may not.

 

These policies are intended to help the Board to regulate, control and manage matters of order, safety, sanitation, aesthetics, et al. in a coherent strategic manner, for the overall benefit of our Riviera community.

 

To implement the Association’s policy goals, the Board has long established procedures which are formulated as rules and regulations, as guidelines in order to simplify compliance.

 

The goal of this revised Policies Manual is to clarify and answer questions homeowners may have concerning their Rights, as well as Responsibilities, as members of our community.  It is the Board’s desire to simplify what sometimes has been a complex and confusing set of rules and/or regulations.  We expect that it will be revised again and updated form time to time, on an as needed basis. 

 

Please note:  Your suggestions are always welcome!!

 

 

 

 

 

 

(ii)

 

The Board of Directors

 

The Board of Directors (hereinafter referred to as “The Board”) represents all homeowners and is responsible for the overall management of the community.  It sets and amends policy, consistent with the RHOA’s Declaration and By-Laws and otherwise acts in all matters in a manner intended to insure the financial and esthetic viability and enhancement of our special community.

 

Among its duties and functions, the Board engages and monitors a property management company to carry out the day to day operations of the Association.

 

The Committees

 

Committees are comprised of members of the Association (homeowners).  Committees are established from time to time for the purpose of addressing, monitoring and/or studying current

or ongoing functions or the needs of the community.  Committees prepare and present issues and recommendations to the Board.  As appropriate, Committees involved in physical projects, repairs or maintenance, etc., upon approval by the Board, consultation with the Management Company and/or contractors, shall oversee such projects, review and follow up on implementation to ensure that all work performed meets standards of good workmanship.

 

The Management Company

 

The Management Company is engaged to manage the day to day business of RHOA:  to arrange for contractors to co-ordinate and supervise any work required by the Association; to ensure that needed repairs and work is addressed promptly and professionally; and, to recommend contractors subject to the Board’s approval.  All work and payment therefore, is subject to prior authorization by the Board.

 

Monthly Board Meeting

 

The regular Board Meetings are intended to be a forum between the Board and Management Company in order to review the ongoing status of the Association’s business matters, and which includes a monthly (year to date) financial report.

 

Meetings also provide an opportunity for homeowners to discuss suggestions, issues and/or problems with the Board.

 

Board Meetings are held every 4th Tuesday of each month a 7 p.m.  The current Board policy is that Homeowners are welcome to participate in discussions with the Board, to point out issues, concerns and other relevant matters.  We have set aside 7 p.m. to 7:30 p.m. at each Board Meeting for such discussion.  For day to day issues and problems, homeowners need to contact the Management Company, CAMCO Services at 476-2100

 

 

 

 

 

 

 

(iii)

 

 

 

POLICY TITLE:

Architectural Changes

(Additions, Modifications to Structure & Landscaping)

 

Policy:  All proposed modifications and/or additions to a unit’s exterior structure and/or landscaping is subject to the Board’s review and shall be approved, with or without modifications, or denied based on the proposal’s conformity with the Rivera’s architectural character.

 

The Board shall consider impacts upon neighboring and/or adjacent units, conformity with the overall architectural character of the community, as well as the requirements and limitations set forth in the governing Declarations and By-Laws.

 

Applications for such proposed changes shall be in writing and shall include architecturally accurate plans which specify materials, construction details and a description of the proposed work.  Seven copies of the full application are required.

 

No construction activity shall commence prior to Board’s written approval and the issuance of a building permit when applicable or documentation from the appropriate Port Jefferson Village official to the effect that no building permit is required.

 

Architectural changes include but are not limited to exterior windows, doors, fences, gates, awnings, garden hard structures including water features (pools et. al.), as well as new, modified, or remodeling construction.

 

 

 

 

1

 

 

 

POLICY TITLE:

Maintenance of Unit Exteriors and Landscaping

 

Policy:  Homeowners are responsible for properly maintaining the structural integrity of their unit’s exterior siding and lot landscaping (front, rear and side yards), including but not limited to lawns, gardens, plantings, fences, hardscape and all other exterior improvements.   Exterior painting and roofing are Association obligations.

 

Procedure:  In the event a homeowner neglects and/or fails to maintain the aforesaid unit exterior and/or lot landscaping in a manner satisfactory to the Board, written notice to the homeowner shall be made giving said owner a reasonable opportunity to cure any such conditions.   Thereafter, the Board may arrange for any necessary maintenance and/or restoration at the homeowner’s sole expense, which expense shall be charged back to said owner as an assessment against the unit.

 

Procedure (1):  The Board, via US Postal Service to the premises (and by additional means at its discretion), shall provide written notice to any homeowner where unit landscaping, building exterior and or any other improvements are in a state of disrepair or derelict condition.

 

Procedure (2):  All proposed changes to individual units, including landscaping, are subject to Board approval.  Detailed plans (7 copies) of the proposal shall be submitted to the Board for its review and determination.

 

 

 

 

 

 

 

 

Policy Title:                                        

 

Skylight (original) Replacement

 

Policy and Procedure:  When an original skylight (installed at the time of construction) needs replacement, as evidenced by its’ condition rendering it beyond repair, the HOA shall reimburse the unit owner the sum of $250.00 per skylight, so long as the Management Company, upon request of the homeowner, inspects and confirms the need for replacement prior to its removal and replacement.

 

 

 

 

 

 

2

 

 

 

POLICY TITLE:

Dog Control

(Based on Restraint Law of Village of Port Jefferson)

 

Policy:              Every dog(s) owner shall keep his/her dog under restraint at all times and shall not permit such dog to be at large.

 

DEFINITIONS:  As used in this policy, the following terms shall have the meanings indicated:

 

At Large:       Off the premises of the owner; not under restraint as defined herein.

 

Dog:                Any dog, whether licensed or not licensed.

 

Restraint:       Controlled by a leash or other similar device; or at heel beside a competent person of suitable age and discretion and obedient to the orders of that person; or on or within a vehicle driven or parked on the streets; or within the limits of its owner’s, keeper’s or harborer’s property.

 

 

 

 

 

POLICY TITLE:

Dog Control & Clean-Up

(Based on Pooper Scooper Law, Village of Port Jefferson)

 

Policy:  Removal of feces required.  Any person owning or in charge of any dog which soils, defiles, defecates on any common thoroughfare, sidewalk, passageway, play area or any place where people congregate or walk, or upon any unit’s exclusive use area, shall immediately remove all feces so deposited by such dog, in a sanitary manner.

 

Procedure:

 

Disposal:         The feces removed from the aforementioned designated areas shall be disposed of by the person owning or in charge of any such dog in a sealed, nonabsorbent, leak proof container.  In no event shall any feces be deposited in sewers/drains of any kind.

 

Note:  All residents and visitors of and to the Riviera who are dog keepers or owners are required by law to conform to the ordinances established by the Village of Port Jefferson, and set forth in its Code, and as summarized above, and as adopted and affirmed by the RHOA.

 

 

 

 

 

 

3

 

 

 

POLICY TITLE:

Homeowner’s Insurance

Requirements and Advisory

 

Policy:  Board Policy is derived from Article X of the Declaration.  As interpreted, the RHOA policy covers only the original builder’s specifications.  In order to cover upgrades, additions and/or alterations (such as windows, kitchens, furnaces, bathrooms, carpeting, built-ins, lighting, security systems, structural changes, etc.), additional insurance is needed by the homeowner.

 

Therefore, based on our understanding, the Association offers these suggestions:

 

1)      A HO-6 policy covers what is called improvements and betterments (I & B).  You must make certain that it is understood that structural changes and anything else technically considered building are covered under this classification of improvements and betterments.  Furthermore this aforementioned I & B coverage should be designated primary insurance – not excess insurance.

 

2)      A HO-3 policy (single limit if possible) covers anything and is primary insurance.  (The Riviera insurance covers all builder’s original specifications and your HO-3 covers everything else).

 

Note:  The building coverage on the HO-3 and HO-6 is ALL RISK.  The contents coverage is standard named peril.  These policies also provide contents and liability coverage to the extent the homeowner considers adequate.  Homeowners are advised to consult with their own insurance brokers, to insure appropriate and maximum coverage of their units.

 

 

 

 

 

 

 

4

 

 

 

POLICY TITLE:

Parking Cars/Vehicles

 

Policy:   Limited parking spaces and narrow streets mandate consideration and full cooperation of all homeowners in order to maintain the aesthetics of our community.  The Port Jefferson Village Code governs all street parking and prohibits the overnight parking of commercial vehicles in both driveways and public streets.

 

Note:  The Village of Port Jefferson especially requests no street parking during Winter season, particularly when the homeowners are away from home for any length of time in excess of a day or two.

 

 

 

 

 

 

 

 

 

POLICY TITLE:

Pool Utilization

 

Policy:  Rules and regulations for Pool Utilization and safety shall be posted in the pool enclosure.

 

1)      All homeowners need to familiarize themselves with the pool regulations which are specifically designed to ensure the enjoyment and safety of all pool users.

 

2)  Complaints and/or suggestions may be addressed to the attendant and/or the Management Company.

 

2)      3The use of the Pool is reserved exclusively for members in good standing and their guests.  Tenants may be designated as members if the owner notifies the Board, in writing, and agrees to relinquish their own membership privileges.  Owners and their tenants may not simultaneously have membership privileges.

 

 

 

 

 

 

5

 

 

POLICY TITLE: 

Sale & Leasing of Homes

 

Policy 1:                                                         Selling

 

Selling:  Homeowners are permitted to sell their units.  There is no “right of first refusal” vested in our Association.  Board approval is not required in connection with the sale of a unit.  However, the following rules apply:  

 

Procedure:

 

·         Only one (1) “Open House” per week is permitted per unit.

·         “For Sale” or “For Rent” sign(s) may be posted on the respective homeowner’s unit ONLY during an “open house” conducted by a realtor or the homeowner; such  signs shall be removed at the end of the day or until another “Open House” is conducted.

 

Also applicable upon the listing and/or sale of a unit, the following requirements obtain:

 

·         Notify the Management Company and the Board President of the intent to sell your residence.

·         Realtors may post one (1) sign at either entrance to the Riviera; and one (1) sign at the unit during an “Open House” day only.

·         Prior to transfer of title, the homeowner shall bring all current and/or past due maintenance fees & assessments, if any, up to date.

·         Please notify the Management Company of the name(s) of the new owner(s) and the approximate “closing” date.

·         Homeowner shall collect or satisfy the reserve contribution of two months common charges required of the new owner.

 

Policy 2:                                                    Leasing

 

Leasing:  Homeowners may NOT lease or rent their unit or any portion thereof for a period less than six (6) months.

 

Since the Management Company is required by the Board to keep an updated file of all renters or lessees, with name(s) of said occupants and their telephone numbers, et. al., unit owners shall complete and forward to the Board and the Management Company, a copy of the lease or a “Lease Form”, available from management, indicating the name(s), telephone number(s) of tenants, and the term of said lease.

 

Note:  If homeowners are in doubt about rental rules, inquiry shall be directed to the Management Company.

 

 

 

 

 

 

 

6

 

 

 

POLICY TITLE:                   
Pruning, Trimming or Topping Trees                                          

                                                       Located on Common Property

 

Policy:   The Board’s policy on tree topping and trimming on common property has been

established for many years, and is not flexible.  It is herein re-instated in its original

form:

 

·         All tree trimming, topping or pruning of trees located on Riviera common property requires the approval of the Board of Directors.

·         All such work shall be done by an arborist, subject to plans submitted to and approved by the Board and is at the expense of the affected homeowner.

·         All such work, when approved, shall be undertaken upon notice to and under the supervision of the Riviera Landscape Committee and the Management Company.

 

Note:  All such tree-topping on Village owned Greenbelt areas, requires the approval of the Village of Port Jefferson.  Tree-topping on neighboring private property is a matter strictly between such neighbor and any given unit owner.

 

Procedure:

 

·         Make a written proposal to the Board and the Village with specific details, i.e. number and locations of trees for all proposed work.

·         Provide a survey, at applicant’s expense, if requested by the Board or the Village.

·         Do not begin any work whatsoever until proper approvals, in writing, have been received.

·         If the proposal entails any work on municipally owned greenbelt areas, the applicant shall obtain written approval therefore.

 

Special Note:  Tree topping at night, or any other time will no longer be tolerated.  Violators may be subject to legal action from the Village, the Board and/or neighbors.  The Board of Directors may levy fines, and may engage an attorney who will advise on other appropriate restitution measures.

 

 

 

 

 

 

 

 

                                                                          7

 

 

 

Policy Title:                                            Waste Management

 

Policy:  The RHOA is responsible for maintaining the Septic and Cesspool system.  In order to maintain the efficiency of the system the Board subscribed to the following maintenance schedule:

 

·         Periodic pump-outs of solid waste at a minimum of once every two (2) years;

·         Including removal and resealing of covers to prevent odors;

·         Treatment of ingesting of bacteria into the system.

 

The management company will arrange for response to emergency problems such as overflows or backups.  In the event the problem is due to improper actions by the resident(s), the cost of repairs will be charged to the homeowner.

 

The Board is not responsible for structural or plumbing problems inside or underneath the home.

 

 Advisory Note:  Homeowners are urged to avoid excessive use of detergents, bubbly soap liquids, harsh chemicals, discarding of debris, garbage, excessive oils or grease and/or any other kind of obstructing material that do not easily assimilate into the system.

 

Homeowner’s careful utilization and co-operation are imperative in maintaining an efficient system and in keeping our maintenance cost low.

 

 

 

 

 

 

 

 

8

 

 

 

POLICY TITLE:

Management Program For Common Area Woods

 

Policy:    The purpose of this new policy is to maintain the natural life cycle of our community’s common wooded areas utilizing the principles of environmental integrity and ecological balance.

 

Our goal is to maintain these common wooded areas located along Lookout Ridge, to enhance the “street scapes” on Rockledge Path, Overlook Pass, Watersedge Drive, Laurel Crescent, Sawtooth Cove, as well as the wooded area surrounding the pool and abutting Timberline Circle.

 

All common areas at the rear of units are not included in the aforementioned at this time.

 

This program is newly instituted and is separate and distinct from the regular landscaping maintenance program.

 

Procedure:

 

1.      As needed, a N.Y.S. certified arborist shall be engaged by the RHOA to conduct seasonal “clean-up” in accordance with approved horticultural regulations and practices.

 

2.      Under the supervision of an experienced and knowledgeable Riviera resident, in designated areas contractors will remove unnecessary underbrush, saplings, choking vines, and/or other undesirable vegetation which interferes with the sunlight and nutrition for the proper health, growth and development of such natural forest growth.

 

 

 

 

 

 

 

9

 

 

POLICY TITLE: 

RHOA Reserve Funds

 

 

The Board is charged with the fiscal responsibility of insuring that sufficient reserve funds are available in order to meet its’ obligations to maintain certain elements of the units (e.g., painting, roofs, gutters, septic systems, etc.) and common areas (e.g. the pool), which, in turn, enhances and preserves the value of the community as a whole.

 

 

Policy:  The Board has heretofore developed and implemented a plan to establish reserve funds for major repairs and replacements. These reserves are outside of the normal Operating Budget and are divided into two categories:  a contingent reserve, which covers capital repairs and replacements of property owned by the Association and a Scheduled Reserve, which covers major non-budgeted maintenance obligations of homeowner property as specified in the Declaration.  The Board is responsible to determine the required amounts for funding each of the two categories of the Reserve Fund based on the age and condition of covered components, their useful lifespan, inflation rate, and estimated cost of replacements and/or repairs.  The estimates are based on engineering studies, prior experience and the cost of previous contract work performed and will be revised as deemed necessary.

 

The Board will report to the community, as part of the annual budgeting process, that portion of the assessment (dues) to be allocated to the Reserve Fund.  All expenditures from the Reserve Funds shall be charged against the appropriate category and reported as such.

 

New homeowners shall be charged with an initial contribution to said Reserves in an amount equal to two (2) months “maintenance” dues (assessment).

 

 

 

 

 

 

POLICY TITLE:

Late Fees

 

Monthly common charges (maintenance dues) are due and owing on the first day of each month.  Payments of said charges received (in-hand) by the HOA’s designated agent, e.g., the management company or other designated entity, shall be subject to a late fee penalty of twenty-five ($25.00) dollars, which penalty amount may be revised from time to time by the Board.

 

 

 

 

 

 

 

 

 

 

10

 


 

Reference Table


 

Policy Title                                                                

Reference

Architectural Changes                                                                                                                             

Article XIV, Section 3, By-Laws
Article VII, Declaration

Dog Control                                                               

Article XI(h), Declaration
Port Jefferson Village
Code

Insurance                                                                    

Article X, Declaration

Landscape & Exterior Maintenance                          

Article XIV, Section 3, By-Laws
Article VII, Declaration
Article XI(m), Declaration
Article IX, Section 2, Declaration

Late Fees                                                                    

Article VI

Parking                                                                       

Article XI(o) & (r), Declaration

Pool Utilization                                                          

Article XI(s) & Article IV, Section 2,
Declaration

RHOA Reserve Funds                                                           

Article VI, Section 3, Declaration, By-Laws

Sale & Leasing Homes                                               

Article XIII, By-Laws

Skylight Replacement                                                

Article IX, Declaration

Violations & Penalties                                               

Article VIII, Section 5, By-Laws

Waste Management                                                   

Article VIII, Section 5, By-Laws

Woods Management & Tree Topping, et al.              

Article IX, Section 1, Declaration

 

 

 

 

 

 

 

 

 

11


 

ADDENDUM I 

2007

 

Summary of Maintenance Responsibilities

 

Association

 

 

·         Exterior painting of all units

·         Maintenance of the roof of all units and garages

·         Maintenance of pipes, electrical conduits located outside of the individual units except the partly enclosed privacy area adjacent to the front of certain units.

·         Maintenance of Community Parcels (defined as areas devoted to the common use and/or enjoyment)

·         Maintenance and repair of gutters and leaders

·         Snow removal of walks and driveways

·         Weekly trash removal

·         Cesspool maintenance on cyclical basis

 

 

Homeowners

 

·         Maintenance of all windows, doors and garage doors

·         Maintenance of driveway

·         Maintenance and replacement of all exterior siding

·         Maintenance and replacement of decks and respective railings

·         Landscaping and maintenance of each individual unit’s abutting front, side and backyards

 

 

 

 

 

 

 

 

 

 

 

12

 

 

ADDENDUM II

2007

 

Board Members Principles of Ethics

 

 

Any member who shall serve as a Director of the RHOA, shall be bound by the applicable Declaration, By-Laws, Policies and the following ethical precepts established by the Association.

 

Said Member/Directors of the Board shall:

 

1)      Diligently perform the duties, as a member/director of the Board based on the overall best interest of the community;

 

2)      Be governed by fairness and honestly in the discharge of his/her duties;

 

3)      Refrain from acting in the name of the Board without specific authorization from said Board;

 

4)      Make the well being of the community his/her prime consideration in all Board related actions & decisions;

 

5)      Act with good stewardship in the administration of the RHOA’s funds and resources;

 

6)      Provide full, accurate and completed disclosure to the Board, relative to the discharge of his/her duties as member/director disclose any personal or business relationship which may exist with contractors or vendors performing work for the RHOA;

 

7)      Refrain from using his/her position as a member/director to derive personal or financial gain;

 

8)      Fulfill his/her responsibilities with honesty and integrity;

 

9)       Maintain confidentiality regarding privileged, sensitive or personal information acquired as a member/director of the Board.

 

 

 

 

 

 

 

 

 

 

 

13

 

 

ADDENDUM III

2007

 

The officers of the Board have been appointed as follows:

 

President                                                       

Rainer (Ray) Kuhn

331-4723

Vice President                                               

            Ellen Stein                  

331-1849

Treasurer                                

Angela Murgola

331-1650

Secretary                                                       

Roberta Levetown

476-0525 


 

Committees have been formed and are chaired as follows:

 

Capital Projects                      

All Board Members

 

Management & Architecture                                     

Bob Boonin                

474-1445

Landscape                                                                  

Dorine Benton                       

928-5668

Pool                                                                

Angela Murgola         

331-1650

Waste-Water                                                              

Bob Boonin                

474-1445

Finance                                                           

Angela Murgola         

331-1650

Community Relations
& Welcome Committee                     

Ellen Stein

331-1849

Newsletter and Policy Manual           

Gladys N. Gentile      

473-7969


 

In case of emergency contact Bill Perno, our Property Manager at any of the following numbers:

 

Office:  476-2100 – leave a message for minor repairs

Emergency 24 hours:

Cell Phone:  (516) 924-1948

 

 

 

 

Note:  Please communicate directly with the Committee Chairs concerning their areas of responsibility. 
Notice that Capital Projects include painting and roofing.